Tag

True Threat

All articles tagged with #true threat

Comey indicted again over '86 47' post, sparking true-threat debate
politics1 month ago

Comey indicted again over '86 47' post, sparking true-threat debate

Former FBI Director James Comey was indicted again on federal charges alleging his now-deleted Instagram post showing seashells arranged to spell '86 47' could be read as a threat to the President. The case centers on whether the post constitutes a true threat not protected by the First Amendment, a standard drawn from Watts, Elonis, and Counterman, with experts predicting a high bar for prosecutors and potential vindictive-prosecution defenses; Comey previously faced an indictment that was dismissed on procedural grounds.

8647 Merchandise Tests Free-Speech Boundaries in Trump Era
politics1 month ago

8647 Merchandise Tests Free-Speech Boundaries in Trump Era

NBC News reports that Florida candidate Mark Davis sells 8647-themed gear amid a broader online market; legal experts say the slogan is likely protected political speech and unlikely to lead to charges for buyers or sellers, even as James Comey faces a two-count indictment over an Instagram seashell photo that some see as a potential true threat. The piece frames the distinction between expressive symbolism and threats in today’s polarized political climate, with comparisons to 8646 merchandise and ongoing debate over what counts as permissible political expression.

Skepticism Grows Over Comey Seashell Indictment
politics1 month ago

Skepticism Grows Over Comey Seashell Indictment

Analysts question the viability of a second indictment against James Comey over an Instagram seashell display, arguing prosecutors must prove true intent to harm the president and that First Amendment protections, plus the ambiguity of symbols, could undermine a conviction, suggesting the case may follow the earlier one toward dismissal.

Supreme Court strengthens First Amendment protections for online threats.
politics3 years ago

Supreme Court strengthens First Amendment protections for online threats.

The Supreme Court has raised the bar for prosecuting threats under the First Amendment, ruling that prosecutors must demonstrate that a defendant who made a threat acted recklessly to establish that the speech is a "true threat" and thus no longer covered by the First Amendment. The case arose from hundreds of Facebook messages Billy Counterman sent to singer-songwriter Coles Whalen between 2014 and 2016. Counterman was convicted of a crime after sending numerous threatening messages to Whalen, but the Supreme Court wiped away a Colorado Court of Appeals' ruling that upheld the conviction and sent the case back for further proceedings consistent with its opinion.

Supreme Court to rule on legality of social media threats and stalking.
law3 years ago

Supreme Court to rule on legality of social media threats and stalking.

The Supreme Court is considering whether invasive messages sent to singer-songwriter Coles Whalen constitute a "true threat" in the eyes of the law. The case raises the question of when a threat is a "true threat" and what the prosecution has to prove. The defendant's intent or the effect on a reasonable person? The case involves a man convicted and sentenced to four-and-a-half years in prison for "stalking" Whalen and making "true threats" against her. The First Amendment protects freedom of speech, but there are exceptions, including "true threats."